What is the definition of negligence in Modeste?

Modeste, LA – Negligence is an important legal concept that applies to many kinds of accident and injury lawsuits. However, in order to prevail in a case, the plaintiff must demonstrate four specific elements to receive compensation. It is also possible that they can be partially at fault and have their damages reduced under the system of comparative negligence. Because there are many different principles at work in this concept, it is helpful for anyone who is seeking legal assistance to get an overview of what negligence is, and how these kinds of lawsuits work in Louisiana. Additional advice can be obtained from a local attorney who works with accident victims.  

The elements of negligence

The standard elements of any negligence case include establishing a relevant duty of care, a breach of that duty, actual and proximate causation, and damages or losses sustained by the plaintiff. If any one of these elements are missing, it means that the plaintiff will not win their case. The duty of care that is applied to any situation is based on what a reasonable person would have done given the same environment.  

Comparative negligence principles

Louisiana’s negligence law also allows a plaintiff who is partially at fault to recover compensation. This is called the system of comparative negligence. Anyone who is found to be partially at fault will only have their damages reduced by their percentage of fault, rather than losing the ability to sue altogether. The reason for any reduction is that fault for an accident can be divided between all parties involved to equal one hundred percent. This is beneficial for victims due to the fact that other systems of negligence such as contributory negligence may prevent a person from collecting any money at all, even if they were only slightly at fault. 

Who needs to bring a negligence case?

In many situations where someone has been harmed in a car crash or other kind of accident, the victim’s attorney will bring a negligence lawsuit on their behalf. This is because most accidents are not due to intentional actions, but some kind of oversight or mistake by the person or business at fault. What makes negligence important as a legal concept is that the elements can be applied to almost any situation where a person was hurt due to the fault of another business, person, or entity. 

Advice from an injury attorney in Louisiana

Miller, Hampton, and Hilgendorf is an accident firm that works with local clients in Modeste and other parts of Louisiana. Their attorneys focus on providing advice and representation to injured clients during the course of a lawsuit and settlement negotiations. 

Firm contact info:

Miller, Hampton, and Hilgendorf

3960 Government St., Baton Rouge, LA 70806



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